1. General

These Terms and Conditions of Sale (these “Terms and Conditions”) shall constitute a part of the Terms and Conditions of Use that govern the use of the Alerti Services by professionals that have subscribed to an Alerti Service (“Clients”), which are incorporated herein by reference.

Subscribing to an Alerti Services shall indicate the acceptance of these Terms and Conditions by a Client and any terms and conditions placed by a Client on its subscription that purports to alter, modify, change, suspend or add to any terms and conditions contained herein shall be deemed excluded from such subscription and waived by such Client. The acceptance by Alerti to provide any Alerti Service is expressly made conditional on a Client’s acceptance of these Terms and Conditions.

These Terms and Conditions are subject to change without prior written notice at any time in the sole discretion of Alerti, provided, however, that any such changes are posted on the Alerti Site. Changes to these Terms and Conditions shall be applicable only to Alerti Services subscribed to by a Client after such changes are posted on the Alerti Site. A Client cannot modify, cancel or otherwise alter the terms and conditions of its subscription without the prior written consent of Alerti.

2. Definitions

Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Terms and Conditions of Use.

3. Purpose

These Terms and Conditions shall set forth the terms and conditions upon which Alerti agrees to provide the services described in Section 5 below to the Client

The Services can be provided by Alerti or by one of Alerti’s Clients on behalf of Alerti.

4. Term

These Terms and Conditions shall take effect immediately upon the subscription to an Alerti Service by a Client and shall remain in effect throughout the term of the Alerti Service as set forth in Section 5 below.

5. Alerti Services

A subscription to the Pro, Business, Enterprise Services allows Members to (1) access Used Content and (2) maintain these Used Content in the Alerti statistics beyond the 30 day period provided for under the Terms and Conditions of Use and for the term of the subscription to the Premium Service.

Moreover, the Content that is not Used is saved for at least a period of one (1) year from the time such Content is included in the Alert results.

Notwithstanding anything herein to the contrary, Alerti shall have the right to suspend any Alert and/or deny access to Content in the event that a Member makes excessive or abusive use of the Premium Services. As used herein, “excessive or abusive use” shall mean use that results, or would result, in Alerti providing the Premium Service to such Member at an amount that is less than the cost to Alerti of storing the Content in question.

The Pro, Business, Enterprise Services are offered for 1 month, 3 month and 1 year periods, which can be renewed without losing data.

6. Financial Terms

6.1 Price of the Alerti Services

In consideration of the Alerti Services provided by Alerti, or one of its Clients on behalf of Alerti, the Client shall pay Alerti the price (the “Price”), excluding taxes, per Alerti Service set forth below that is then confirmed at the time of subscription:

The price for the Pro Service, per Member, shall be as follows:
$29, excluding taxes, for a 1 month subscription,
$78, excluding taxes, for a 3 month subscription
$276 excluding taxes, for a 1 year subscription.

The price for the Business Service, per Member, shall be as follows:
$79, excluding taxes, for a 1 month subscription,
$213, excluding taxes, for a 3 month subscription
$756 excluding taxes, for a 1 year subscription.

The price for the Enterprise Service, per Member, shall be as follows:
$249, excluding taxes, for a 1 month subscription,
$672, excluding taxes, for a 3 month subscription
$2388 excluding taxes, for a 1 year subscription.

These prices are subject to the following maximum monthly consumption :
- 50.000 results per month when subscribing to Alerti Pro
- 300.000 results per month when subscribing to Alerti Business
- 1.000.000 results per month when subscribing to Alerti Enterprise
- 1M fans per facebook page when subscribing to Alerti Pro
- 2M fans per facebook page when subscribing to Alerti Business
- 5M fans per facebook page when subscribing to Alerti Enterprise

6.2 Payment Terms

The Price of Alerti Services is payable in advance by Alerti debiting the amount of Credits from the Alerti Account of the Client up to the Price of the Alerti Service.

At the time the Client subscribes to the Alerti Service, the Client pays the Price by debit card, by check, or by wire transfer.

Electronic payment by debit card is made through a secure electronic payment terminal hosted on a secure server that ensures the security and validity of the transactions. The Client’s banking information is encrypted and is in no event provided to Alerti.

In the event that Alerti is charged by a banking institution any fees as a result of nonpayment by the Client (for example because of insufficient funds), the fees will be charged to the Client.

• 6.3 Cancellation*

Yearly and quaterly orders can’t be cancelled and there will be non refunds or credits for partial use of the service.

Monthly subscriptions can be cancelled at any time but the client remains liable for all charges accrued up to that time including full monthly charges for the month. There will be non refunds or credits for partial use of the service.

6.4 Modification to the Service and Fees

Alerti reserves the right to change our monthly, quaterly and annual fees upon 30 days notice from us. Fee changes will be notified per email to all our subscribers and will be reflected on the pricing page: http://en.alerti.com/pricing

7. Cancellation Policy

The Client expressly acknowledges that Alerti provides the Alerti Services immediately upon the advance payment for such Alerti Services or in any event within seven calendar days of such payment.

The Client acknowledges that he or she cannot cancel a subscription to an Alerti Service.

8. Obligations of Alerti

Alerti shall use all of its resources available for providing the Alerti Services.

Notwithstanding the foregoing, given the technical hazards of the Internet, Alerti shall be liable in regards to the Alerti Services only for the obligation to provide the means, not the results.

Alerti reserves the right to temporarily suspend the Alerti Services for technical reasons or for maintenance. Such temporary suspensions shall not give rise to any indemnification obligations toward Clients. Alerti shall limit these suspensions as much as possible.

Alerti respects the privacy if its Users. Click here to read the Privacy Policy of Alerti.

9. Limitation of Liability

ALERTI’S LIABILITY FOR SERVICES PROVIDED TO A CLIENT SHALL BE LIMITED TO THE LESSER OF THE AMOUNT PAYED BY THE CLIENT FOR THE SERVICES AND 100 EUROS.

THE CLIENT SHOULD ALSO NOTE THE LIMITATION OF LIABILITY SET FORTH IN THE TERMS AND CONDITIONS OF USE, WHICH THESE TERMS AND CONDITIONS CONSTITUTE A PART OF AND WHICH ARE INCORPORATED HEREIN.

10. Force majeure

Obligations of Alerti hereunder shall be suspended during an event of force majeure. Alerti shall not be liable for any delays or nonperformance of the Alerti Services.

In the event that the force majeure event lasts for a period of more than forty continuous days, either party may immediately terminate this agreement but shall not have the right to any indemnification.

11. Confidentiality

Alerti shall maintain all information, regardless of type, that is transmitted to Alerti by the Client or that Alerti gains knowledge of while performing the Alerti Services confidential. This confidentiality obligation shall survive the term of these Terms and Conditions and shall survive indefinitely.

Notwithstanding the forgoing, Alerti shall have no confidentiality obligation regarding the Content.

12. Updating of these Terms and Conditions

Alerti may from time to time update these Terms and Conditions as a result of changes in law or techniques. The Client shall review these Terms and Conditions regularly to learn about these changes.